Last blog added on Thursday, October 10th, 2019

Information About MF Litigation’s Blog

Recent Posts

Below is a preview of the five most recent posts from the blog MF Litigation’s Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

  • The Doctrine of Deferred Indefeasibility in Land Transactions

    Introduction Cases involving two innocent parties involved in litigation after a fraudster has played and deceived them both are especially difficult. Each blameless party is now faced with a win-all or lose-all situation. This blog will look specifically at cases of this sort involving land, and ho … Read more »

  • Mortgage Enforcement and Penalties

    Introduction The general commercial practice for lenders is to include a contractual term imposing a greater interest rate if the loan goes into arrears. This is both an incentive and a deterrent. The borrower is motivated to keep the loan from defaulting and is, therefore, more likely to pay on tim … Read more »

  • Is There a Duty to Speak Up About Adverse Case Law?

    Introduction A lawyer citing case law before an adjudicative body does so to provide authority to the adjudicator in support of their client’s position. An adjudicative body includes administrative tribunals as well as the courts. Case law can be binding or simply persuasive. Both types require rele … Read more »

  • Milosevic Fiske LLP Recent Success Before ONCA

    Introduction Milosevic Fiske LLP partner Cameron Fiske had a recent success before the Ontario Court of Appeal, defending a client’s award from her late mother’s estate for providing personal care to her mother in the years leading up to her death. Background The testator in this case had two daught … Read more »

  • Issue and Action Estoppel and Abuse of Process

    Introduction All forms and attempts at relitigating matters that have already been determined are considered an abuse of process. The doctrine applies to any attempt to challenge a previous and final judicial determination. It is a very flexible doctrine and is unencumbered by the requierments on pa … Read more »